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Tuesday May 1 A h 1920 r not inu ed
<br />° PUBLIC IMPROVEMENT CONTRACT.
<br />THIS A REEMENT, Made° and entered into this lath, day of May 1920, by and
<br />between Hoban & Roach of the County of St. Joseph and State of Indiana (hereinafter
<br />referred to as the " Contractor"), _aid the City of South Bend, in the County of Dt.
<br />-Joseph, and State of Indiana,- by and'through its Board of Public Works, (hereinafter
<br />referred- to the the " City" ), under aild by virtue of an Act of the Cieneral Assembly
<br />of the State of Indian,, entitled..". An Act Conoerning Municipal Corporations,"
<br />approved March 6,i905,'and all amendatory and supptementa,lacts thereto:-
<br />Witnessethi that the contractor covenants and agrees to construct pipes..
<br />sewer in and along WaUkewa Avenu-e from Iroquois Street to Lafayette Street, in the
<br />City of South. Bend,'- Ind iana at and for the following pr ices: -
<br />824 lin. -fbet of 12 inch pips s ewer, per lin ft ...... , .. $6. 50
<br />186 lin feet of 10 inch pipe sewer, per tin ft........ 5,75
<br />312° I in: ° feet- of- < 8•.inch' pipe sewer, per lin ft. , .....
<br />. 1.00
<br />242 i in: - f set ` of " ' 61hth< p ipe s ;wer f par lin ft.......... 1. 50
<br />34 lin. feet of manholes, per lin Ft...................15.00
<br />llstorm rater grates, eaeh..*.6*0i ............... . ....15.00
<br />- 4 manholes, etirbs and covers, each.....................25.00
<br />end to�Rrform all work in the prosecution of'said improvement under and according to the terms awl Gau-
<br />ditions of Improvement Resobition No.._-755---------------adopted by the Bovxd of Public Works. K!4n i 30,,1920.
<br />at:d the plans, profile a+,d specifica+ions on file i„ the office of the Depa-?n-.ent of Public Works, wb?rh sa�,i
<br />re-olution, plans, profile and specificatvons-are m^de a part hereof as fully and effectually as if copied '9; cd
<br />set out herein at ft_ll ler�tll.
<br />'`'-e contractor further e--pressly covenants _mad a�:rc-s tlh ;t in the pros-cu*ion of said work all pr :, ,
<br />still ald care ;'1 b-z eyerc;- _ _i ; t', he ``i r ^ =.- r - all -av
<br />hind ;'l use Pil dv� zl-•i pt- t� a _cr.s ar-1 dangerous play.
<br />_ for r. ",....i;o.I *Jr ) eL v "l -y person , r p- .- 21"V ; tl'�.t 1-1 `l.. e`7. +_ `. {
<br />any In t'Ty or (!. l rea _ I'g fr^ i t ,� -Tr" . = or .*1 fr�rr �v " .tter or thing f f ��d t11^r'\JS'Si OI'
<br />arisiaz therefrom, to any persn--I or property, hP --`11 r av a r=, 1;r slate the sar;;e at his own expense, and !s-
<br />stlxne the liability therefor; a-r_d in the event of any cis- ir-! or cla.irls b--ing made or any action or actions b-'-
<br />a a-nst the city by reason or on account of or gro`vil g out of s�`d wor'_ or Its con�trilction tl_> s �',-1
<br />.ontra.ctor-will at -this own expense defend the same, and veil pay any judgment recovered therein, and dv: 1 1 in
<br />all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cos!:,
<br />expense, payhnent or judgment recovered in connection with su:.h!clairi or claims, action or actions. A:1d f
<br />within ten days after any such actioa is begun, the city shall notify the contractor of t'r_e the ^f,
<br />60:1 any judgine;it rendered a.�-ainst the city shalt be coiich,siv:. as < ^ir:st the contractor and agaiirst the suj'cO
<br />oil bir, cowtructintl bo+ii., as t0 t1" - "-lI"i�0i� fi t, 112bllity and. Otbicr nl,:-i:t:e,i-s IJC;I-LN.i:l]i3g thereto.
<br />And the contractor agrees to maintain said improvement a .d secure
<br />such repairs as..may be necessary t_.--t
<br />the period and in the manner as fixed by the sz�Pcifications, and to secre the s tenance and repair thereof
<br />to file with the Board of Public Works a bond w;th sufficient surety thereon and_hi an amount as fixed by ~he
<br />specifications. And in doing such repair work the contractor and the surety on his guarantee bond shall'be
<br />subject to the same liability to the city and any other person for my injury or damage to any pets: a or prop-
<br />erty in the same manner and to the same extent a•s is fixed in the i last preceding paragraph covering tale c<,
<br />struction work.
<br />And it is further agreed by and betweet:t said parties that the acceptance of the work provided -for in t'_. s
<br />contract, or the payn ent thereof. sh-all not constitute a waiver on the part of the city of any of the prov s
<br />ions of this contract, nor shall it release said contractor or the sPreties on his bond for the faithful perfo:--�t-
<br />ance thereof; nor shall the acceptance be prima facie evidence; of the performance of any provision of this
<br />contract, except to the extent of entitling the contractor to the coinract price therefor.
<br />The contractor agrees to pay for all labor and materials used or furnished to be used in the making of
<br />such improvement and in. the performance of this contract, whether done or furnished for him, or his agent,
<br />assignee, successor or subcontractor; and the city may reserve out of any allowance made on any estimate
<br />in favor of -the contractor or I assigns, or out of the amount Clue him or his assigns upon the completion
<br />of the work, so much as ma3 cessary to pay all laborers or material men for amounts due them for
<br />work done or materials used ,)r iurnished to be used in the performance of this contract and the doing of
<br />said work, and the county treasurer, acting as city treasurer, spay retain money collected from property
<br />owners assessed for said improvement to pay such debts or until the contractor Fhows that they have been
<br />paid or satisfied
<br />ant"a"kox A9s9rs t,n re!mo•-a all ru`1-11 , earth, and unnsed- material in file straaRa rk idlt ftrtilt
<br />W !8 MM91860ft a the smprowem at or the repairing thereof.
<br />The WM* of tfsmaking s"ch improvement shall be comnleted riling to the terms of thin ceintra@t Alt tit`
<br />before ...................<,.,, <..... , � day of__
<br />iife19 lie 14rne fgr th8�Wmlletion of the sar-e shall be extended ... ... ... .tbR
<br />,eaeey
<br />ded' m wT'tl-g 15,t the Board of @ �%al'�'e,
<br />oil It If agreed that any such e'xten=ion of time, or any alteration of this contract or of the manner cr Riot
<br />od of 1101ft `each work illsil in no way a-ffect the duties, obligations or liabilities of the contractor or his At1Ye.
<br />®e,
<br />It Ie agreed that the contractor shall not assign this contra
<br />_tor sub -let the work or any part therprlf tri
<br />be done hereunder, wohoi.t the ti, rit•ren eo-. •� ..:,it of the Board afi P;.hlic Works,
<br />It W further agreed And stipula�ed tlis-t t'a ! contractor shall! give to residents of said city and rpii,!l y referee®® the ®tr:pltiyt :±nt of all labor necessary in the performance of this contract, and failinK to d,") stl1
<br />hall forfeit to the City the sum of ten dollars for each failure to observe this stipulation,
<br />And upon the per ormanee of all the terms and conditions of this contract, and thin.96 to be d-tl e!!:l
<br />us
<br />�rformed by laid contractor the said city agrees to cae the cost of doing such wont to lie ash lid d! pf3J=
<br />leeted and paid to s6id contractor in the manner fixed by the statute governing the snaring of etich lmyfFfY01
<br />i®motet
<br />To each Of the conditions and stipulations of this contract, including all and singular tha plrpv i�t�� fs�'4
<br />c teri11i t the plait% profile, Specifications and resolution aforesaiJ, the undersigned bindA htzr:.l Of eo .# R"'
<br />Witt ft 1`eepeeU" 14eCCftor or assigns of s.xeh parties. °
<br />IN TESTLi►+IONY WHEREOF, We, the foregoing named parties, hereunto set
<br />our hands this 17th, day' of May 1920. <
<br />._ - gg
<br />CJMYLjOFASOJEEOR P, INDIANA. HOB Rg �NJACctor. °
<br />HARVEY F. ROSTISER
<br />JOHN F. PEHAVEN. Its Board of Public Works.
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